sec.74Existing development control plans and special facilities zones

### sec.74 Existing development control plans and special facilities zones Nothing in this Act affects the clearing of vegetation— under a development control plan mentioned in the repealed Integrated Planning Act 1997 , section 6.1.45A; or in an area designated, immediately before the commencement of this section, as a special facilities zone under a planning scheme under the repealed Integrated Planning Act 1997 . Subsection (1)(b) applies to an area only if— the area continues to be designated as a special facilities zone, or like zone, under the scheme; or the current planning scheme for the area no longer designates the area as a special facilities zone but there is, for the area and in relation to the zone— a development permit that— was given before the designation ceased; and has not lapsed; and is for building work or operational work under the Planning Act; or an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or a development permit given for a superseded planning scheme request under the Planning Act. However, subsection (1)(b) also applies to an area if— the current planning scheme for the area no longer designates the area as a special facilities zone but the development rights conferred by the earlier designation have been preserved under the scheme; and the clearing of vegetation is in relation to the development rights. In this section— special facilities zone means a zone under the repealed Local Government (Planning and Environment) Act 1990 — for which the permitted use is special facilities, whether or not the zone has been designated under the planning scheme by the name ‘special facilities zone’; and in which development of a particular type may be carried out without a development approval. s 74 amd 2003 No. 10 s 76 sch ; 2005 No. 41 s 4 ; 2009 No. 43 s 47 ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 651 (sec.74-ssec.1) Nothing in this Act affects the clearing of vegetation— under a development control plan mentioned in the repealed Integrated Planning Act 1997 , section 6.1.45A; or in an area designated, immediately before the commencement of this section, as a special facilities zone under a planning scheme under the repealed Integrated Planning Act 1997 . (sec.74-ssec.2) Subsection (1)(b) applies to an area only if— the area continues to be designated as a special facilities zone, or like zone, under the scheme; or the current planning scheme for the area no longer designates the area as a special facilities zone but there is, for the area and in relation to the zone— a development permit that— was given before the designation ceased; and has not lapsed; and is for building work or operational work under the Planning Act; or an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or a development permit given for a superseded planning scheme request under the Planning Act. (sec.74-ssec.3) However, subsection (1)(b) also applies to an area if— the current planning scheme for the area no longer designates the area as a special facilities zone but the development rights conferred by the earlier designation have been preserved under the scheme; and the clearing of vegetation is in relation to the development rights. (sec.74-ssec.4) In this section— special facilities zone means a zone under the repealed Local Government (Planning and Environment) Act 1990 — for which the permitted use is special facilities, whether or not the zone has been designated under the planning scheme by the name ‘special facilities zone’; and in which development of a particular type may be carried out without a development approval. - (a) under a development control plan mentioned in the repealed Integrated Planning Act 1997 , section 6.1.45A; or - (b) in an area designated, immediately before the commencement of this section, as a special facilities zone under a planning scheme under the repealed Integrated Planning Act 1997 . - (a) the area continues to be designated as a special facilities zone, or like zone, under the scheme; or - (b) the current planning scheme for the area no longer designates the area as a special facilities zone but there is, for the area and in relation to the zone— (i) a development permit that— (A) was given before the designation ceased; and (B) has not lapsed; and (C) is for building work or operational work under the Planning Act; or (ii) an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or (iii) a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or (iv) a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or (v) a development permit given for a superseded planning scheme request under the Planning Act. - (i) a development permit that— (A) was given before the designation ceased; and (B) has not lapsed; and (C) is for building work or operational work under the Planning Act; or - (A) was given before the designation ceased; and - (B) has not lapsed; and - (C) is for building work or operational work under the Planning Act; or - (ii) an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or - (iii) a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or - (iv) a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or - (v) a development permit given for a superseded planning scheme request under the Planning Act. - (i) a development permit that— (A) was given before the designation ceased; and (B) has not lapsed; and (C) is for building work or operational work under the Planning Act; or - (A) was given before the designation ceased; and - (B) has not lapsed; and - (C) is for building work or operational work under the Planning Act; or - (ii) an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or - (iii) a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or - (iv) a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or - (v) a development permit given for a superseded planning scheme request under the Planning Act. - (A) was given before the designation ceased; and - (B) has not lapsed; and - (C) is for building work or operational work under the Planning Act; or - (a) the current planning scheme for the area no longer designates the area as a special facilities zone but the development rights conferred by the earlier designation have been preserved under the scheme; and - (b) the clearing of vegetation is in relation to the development rights. - (a) for which the permitted use is special facilities, whether or not the zone has been designated under the planning scheme by the name ‘special facilities zone’; and - (b) in which development of a particular type may be carried out without a development approval.